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DECREE OF THE GOVERNMENT No

DECREE OF THE GOVERNMENT No. 119-CP ISSUED ON THE 16th OF SEPTEMBER, 1994, PROMULGATING THE REGULATIONS ON THE MANAGEMENT AND USE OF BOUNDARY DOSSIERS, MAPS AND MARKER POSTS AT VARIOUS LEVELS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government on the 30th of September, 1992;

With a view to improving the management and use of administrative boundary dossiers, maps and marker posts at various levels as basis for the settlement of land disputes related to the administrative boundaries at all levels;

At the proposal of the Minister-Chairman of the Government Commission on Organization and Personnel.

DECREES:

Article 1.- The Regulation on the management and use of administrative boundary dossiers, maps and marker post at various levels will be issued along with this Decree.

Article 2.- This Decree takes effect on the date of signing. All the previous documents which are contrary to this Decree are now annulled.

Article 3.- The Minister-Chairman of the Government Commission on Organization and Personnel, the Ministers and Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government and the Presidents of the People's Committees of the provinces and cities directly under the Central Government are responsible for implementing this Decree.

On behalf of the Government

For the Prime Minister

Deputy Prime Minister

PHAN VAN KHAI

REGULATIONS ON THE MANAGEMENT AND USE OF THE ADMINISTRATIVE BOUNDARY DOSSIERS, MAPS AND MARKER POSTS AT VARIOUS LEVELS

(Issued along with Decree No. 119-CP on the 16th of September 1994 of the Government)

Chapter I

GENERAL REGULATIONS

Article 1.- The dossiers of administrative boundary dossiers, maps and marker posts at various levels (provinces, districts, communes and equivalent levels) were drawn up under Instruction No.364-CT on the 6th of November 1991 of the Chairman of the Council of Ministers (no the Prime Minister) on the settlement of land disputes related to the administrative boundaries of provinces, districts and communes. They are the legal basis and documents for uniform use by the administrations at various levels in the State management of the administrative boundary in their localities.

Article 2.- The Minister-Chairman of the Government Commission on Organization and Personnel, the Head of the General Cadastre Department and the Presidents of the People's Committees at various levels have the responsibility to manage and use the administrative boundary dossiers, maps and marker posts of various levels in accordance with this Regulation.

Pending permission by the authorized echelon all modifications of the contents of the administrative boundary dossiers and maps in any form are strictly forbidden.

Chapter II

MANAGEMENT AND MAINTENANCE OF ADMINISTRATIVE DOSSIERS, MAPS AND MARKER POSTS AT VARIOUS LEVELS

Article 3.- A dossier of administrative boundary at various levels comprises:

a) The dossier at commune level:

- The administrative boundary map of the commune.

- A certificate of the positions of the administrative boundary marker posts at the commune, district and provincial levels (on the administrative boundary line of the commune).

- The certificate of the coordinates of the administrative boundary marker posts of the commune.

- The table of coordinates of specific points on the administrative boundary line of the commune.

- A description of the general situation of the administrative boundary of the commune.

- A record acknowledging the description of the administrative boundary line of the commune.

- The statistical registers (population, water courses and mountain ranges).

- A record of delivery and acceptance of the administrative boundary marker posts at various levels.

- The legal documents on the establishment of the commune.

b) Administrative boundary dossier at district level:

- The administrative boundary map of the district.

- The certificate of the outline of the positions of the administrative boundary marker posts of the district and the province (on the administrative boundary line of the district).

- The certificate of the coordinates of the administrative boundary marker posts of the district.

- The table of coordinates of the administrative boundary line of the district.

- A description of the general situation of the administrative boundary of the district.

- The record acknowledging the description of the administrative boundary line of the district and the province (on the boundary line of the district).

- The legal documents on the establishment of the district.

- The inventory of the documents on the administrative boundaries of the communes in the district.

c) Dossier on a provincial boundary:

- The administrative boundary map of the province.

- The certificate of the outline of the positions of the administrative boundary marker posts of the province.

- The certificate of the coordinates of the administrative boundary marker posts and specific points on the administrative boundary line of the province.

- The description of the general situation of the administrative boundary of the province.

- The certificate of the description of the administrative boundary of the province and the national border line (on the boundary line of the province).

- The legal documents on the establishment of the province.

- The inventory of the documents on the administrative boundaries of the districts in the province.

Article 4.- The management and filing of the administrative boundary dossiers and maps at various levels shall observe the following uniform regulation:

a) With regard to the administrative boundary dossiers and maps of the commune, ward and township level:

- One dossier to be kept at the People's Committee of the commune, ward or township.

- One copy to be kept at the People's Committee of the district, town or city under the province.

- One copy to be kept at the People's Committee of the province or the city directly under the Central Government (the Administrative Organization Committee of the province).

- One copy to be kept at the State Archives Department.

- One copy to be kept at the General Cadastre Department.

b) With regard to the administrative boundary dossiers and maps of a district, provincial town, and city under a province:

- One copy to be kept at the People's Committee of the district, provincial town, and city under a province.

- One copy to be kept at the people's Committee of the province or the city directly under the Central Government (at the Organizing Committee of the provincial administration).

- One copy to be kept at the State Archives Department.

- One copy to be kept at the General Cadastre Department.

c) With regard to the administrative boundary dossiers and maps of the provinces and cities directly under the Central Government:

- One copy to be kept at the People's Committee of the province or the city directly under the Central Government.

- One copy to be kept at the State Archives Department.

- One copy to be kept at the General Cadastre Department.

- One copy to be kept at the Government Commission on Organization and Personnel.

Article 5.- The administrative boundary dossiers and maps at various levels must be carefully managed and filed for long-term and safe preservation.

Article 6.- The photocopying or copying for any use of the administrative boundary dossiers and maps kept at any level can be done only with permission of the President of the People's Committee at that level. At the center it is done only with the permission of the Minister-Chairman of the Government Commission on Organization and Personnel.

Article 7.- The administrative boundary maps stipulated in this Regulation shall be enlarged and printed into the administrative boundary maps of the provinces, districts, communes and equivalent levels, and shall be used in the work of the administrative offices at various levels. They shall be published by the General Cadastre Department. All the administrative boundary maps issued earlier can be used only in reference and research work and must not be hung at the public offices or officially used in territorial management at any level.

Article 8.- The administrative boundary dossiers and maps are documents for the administration at various levels to use in State management work and as the basis for settling land disputes related to administrative boundary at each level.

Article 9.- In case an administrative boundary dossier or map is impaired or lost, the Head of the keeper agency (stipulated at Article 4) must report immediately to the next higher level and ask for a photocopy. At the same time he must order immediately an investigation into the cause for an appropriate solution.

Article 10.- At the end of his term of office or his transfer to another post, the Head of the keeper agency of the administrative boundary dossiers and maps (stipulated at Article 4) must hand over the dossier or map to his replacement as prescribed. The hand-over must be witnessed by the representatives of the offices, administration and cadastre agency of the same level and of the administration of the higher level.

Article 11.- The administrative boundary marker posts at a various levels mark the administrative boundary between administrative units. A marker post may have two faces, three faces, four faces or five faces and must be planted in a visible place (if may be planted on or outside the boundary line). All marker posts must be drawn on the outline of marker posts with full specifications on the administrative boundary maps.

Article 12.- The President of the People's Committee at the commune, ward and township is to manage the administrative boundary marker posts in his locality, educate the local population to raise their sense of responsibility in protecting the marker posts. He has to order the immediate restoration of the marker posts whenever they are found displaced, impaired or lost. All acts of destruction or deformation of marker posts or their use for personal aims are strictly forbidden.

Every year the President of the People's Committee at all levels must report directly to his higher echelon about the maintenance of the administrative boundary marker posts under his management and also the plan to repair or strengthen the marker posts as prescribed by law.

Article 13.- When the concerned parties conduct the hand-over of the administrative boundary dossiers and maps as stipulated in Article 10, they must also discuss the procedures for handing over the administrative boundary marker posts so that the successor shall manage them as stipulated in this Regulation.

Chapter III

FINAL PROVISIONS

Article 14.- This Regulation takes effect from the date of its signing.

Article 15.- Any collective or individual credited with meritorious services in the preservation of the administrative boundary dossiers, maps and marker posts shall be considered for commendation and award in accordance with the regime in force. Anyone who violates the stipulations in this Regulation shall be subjected to discipline, fine or investigation for penal liability, depending on the extent of his/her offense.

Article 16.- The Minister-Head of the Government Commission on Organization and Personnel shall collaborate with the General Cadastre Department and other concerned services at the center in guiding the implementation of this Regulation and regularly report the result of this implementation to the Prime Minister.

On behalf of the Government

For the Prime Minister

Deputy Prime Minister

PHAN VAN KHAI